I,~

CO111~IISSIONERS' COURT AGENDA RF.QL EST
PLEASE FURNISH ONE ORIGINAL AND ONES1) COPY OF THIS REQUEST
AND DOCUMENTS TO BE RE~'IE~~%ED BY THE COURT
ti~1.-ODE ~~~~: Scott M. Porter
-Ir:ETINC DATE: August 24, 2009
SL'SJEC I~: Discussion and passible action concerning a resolution to adopt requirements
for residential inspections in the county.
EXECL'"LIVE SESSION REQL"ES~TEr): (PI.I~::-SSE ST:~Tr: REASUti)
NAVIF OF PERSON ADDRESSING THE COC.~R~I~: SCOtt M. PO~G'f
F:sTI~I~~TED LENGTH of PRrsENTATION: 10-15 Minutes
OFFICE:
TILIE PREFERRED: Early in meeting if possible
IF PERSONNEL ~1ATTF:R - N.~~4IE ()F E~1PI.OYEE;
Time for submitting this request for Court to assure that ti7e matter is posted u~
accordance ~~ith Title ~. Chapter »! and ~~~. (~o~ernment Code, is as follo~~s:
;~ieetin~ scheduled for Monday s~
TNIS RE(~liEST RECEIVED B~':
I~N15 RQr~EST RECEIVED t)N:
x:00 PM prey ious Tuesday
.~1.
All ~~>enda Requests a-ill be screened b~ the Count. Jttd~e's Office to determi~~e if~ adequate
information has been prepared t«r the Cot-rt's formal consideration and action at time i~f Court
'~leetin~: s. Your cooperation ~~ ill be appreciated and contribute to~cards ~~our request beinz
addressed at the earliest opportunity. See A~~enda Request Rules Adopted b~~ Commissioners'
Court.
__
Presented to:
Kerr County Commissioners Court
Kerr County
Draft Resolution for County Inspections
Contents:
HB2833 from the 81st Texas Legislature (regular session)
HB2833 Analysis.doc
HB2833 Resolution DOC.doc
HB2833 Resolution NODOC.doc
Hard Copy and Digital on CD
For further information:
Scott M. Porter
512-638-1177
3.B. No. 2833
1 AN ACT
2 relating to certain building code standards applicable to th=
unincorporated areas of certain counties; providing a penalty.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Chapter 233, Local Government Code, is amended
6 by adding Subchapter F to read as follows:
7 SUBCHAPTER F. RESIDENTIAL BUILDING CODE STANDARDS APPLICABLE TO
8 UNINCORPORATED AREAS OF CERTAIN COUNTIES
y Sec. "133.151. DEFINITIONS. (a} In this subchapter, "new
10 residential construction" includes:
11 (1) residential construction of asingle-family house
12 or duplex on a vacant lot; and
13 (2) construction of an addition to an existing
14 single-family house or duplex, if the addition will increase the
15 square footage or value of the existing residential building by
16 more than 50 percent.
17 (b) The term does not include a structure that is
18 constructed in accordance with Chapter 1201, Occupations Code, or a
19 modular home constructed in accordance with Chapter 1202,
20 Occupations Code.
21 Sec. 233.152. APPLICABILITY. This subchapter applies only
22 to a county that has adopted a resolution or order requiring the
23 application of the provisions of this subchapter and that:
24 (1} is located within 50 miles of an international
1
H.B. No. 2833
1 border; or
2 (2) has a population of more than 100.
3 Sec. 233.153. BUILDING CODE STANDARDS APPLICABLE. (a) New
4 residential construction of asingle-family house or duplex in the
5 unincorporated area of a county to which this subchapter applies
6 shall conform to the version of the International Residential Code
7 published as of May 1, 2008, or the version of the International
8 Residential Code that is applicable in the county seat of that
9 county.
10 (b} Standards required under this subchapter apply only to
11 new residential construction that begins after September 1, 2009.
12 (c) If a municipality located within a county to which this
13 subchapter applies has adopted a building code in the
14 municipality's extraterritorial -jurisdiction, the building code
15 adopted by the municipality controls and building code standards
16 under this subchapter have no effect in the municipality's
17 extraterritorial jurisdiction.
7.8 (d) This subchapter may not be construed to:
19 (1) require prior approval by the county before the
20 beginning of new residential construction;
21 (2) authorize the commissioners court of a county to
22 adopt or enforce zonin re ulations; or
23 (3) affect the application of the
provisions of
24 Subchapter B, Chapter 232, to land development
25 (e) In_the event of a conflict between this subchapter and
26 Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter
27 232, control.
2
H.B. No. 2833
1 (f) A county may not charge a fee to a person subject tc
standards under this subchapter to defray the costs of enforcing
3 the standards.
4 Sec. 233.154. INSPECTION AND NOTICE REQUIREMENTS. (a) A
5 person who builds new residential construction described by Section
6 233.153 shall have the construction ins ected to ensure buildina
7 code compliance in accordance with this section as follows:
8 (1} for new residential construction on a vacant lot
9 a minimum of three inspections must be performed during the
10 construction project to ensure code compliance, as applicable, at
11 the following stages of construction:
12 (A) the foundation stage, before the placement of
13 concrete;
14 (B} the framing and mechanical systems stage,
15 before covering with drywall or other interior wall covering; and
16 (C) on completion of construction of the
17 residence;
18 (2) for new residential construction of an addition to
19 an existing residence as described by Section 233.151(a)(2), the
20 inspections under Subdivision (1) must be performed as necessary
21 based on the scope of work of the construction project; and
22 (3) for new residential construction on a vacant lot
23 and for construction of an addition to an existing residence, the
24 builder:
?5 (A) is responsible for contracting to perform the
26 inspections required by this subsection with:
27 (i) a licensed en
gineer;
3
H.B. No. 2833
1 {ii) a registered architect;
2 (iii} a professional inspector licensed by
3 the Texas Real Estate Commission;
4 (iv) a plumbing inspector employed by a
5 municipality and licensed by the Texas State Board of Plumbing
6 Examiners;
7 (v) a building inspector employed by a
8 political subdivision; or
9 (vi) an individual certified as a
10 residential combination inspector by the International Code
11 Council; and
12 (B) may use the same inspector for all the
13 required inspections or a different inspector for each required
14 inspection.
15 (b) If required by a county to which this subchapter
16 applies, before commencing new residential construction, the
17 builder shall provide notice to the county on a form prescribed by
18 the county of
19 (1} the location of the new residential construction;
20 (2} the approximate date by which the new residential
21 construction will be commenced; and
22 (3) the version of the International Residential Code
23 that will be used to construct the new residential construction
24 before commencing construction.
2S (c} If required by the county, not later than the 10th day
26 after the date of the final inspection under this section, the
27 builder shall submit notice of the inspection stating whether or
4
H.B. No. 2833
1 not the inspection showed compliance with the building code
2 standards applicable to that phase of construction in a form
3 required by the county to:
4 (1) the county employee, department, or agency
5 designated by the commissioners court of the county to receive the
6 information; and
7 (2) the person for whom the new residential
8 construction is being built, if different from the builder.
9 Sec. 233.155. ENFORCEMENT OF STANDARDS. If proper notice
10 is not submitted in accordance with Sections 233.154(b) and (c},
11 the county may take any or all of the following actions:
12 (1) refer the inspector to the appropriate regulatory
13 authority for discipline;
14 (2) in a suit brought by the appropriate attorney
15 representing the county in the district court, obtain appropriate
16 injunctive relief to prevent a violation or threatened violation of
17 a standard or notice required under this subchapter from continuing
18 or occurring;
19 (3} refer the builder for prosecution under Section
20 233.157.
21 Sec. 233.156. EXISTING AUTHORITY UNAFFECTED. The authority
22 granted by this subchapter does not affect the authority of a
23 commissioners court to adopt an order under other law.
24 Sec. 233.157. PENALTY. (a) A person commits an offense if
25 the person fails to provide proper notice in accordance with
26 Sections 233.154(b) and (c).
27 (b) An offense under this section is a Class C misdemeanor.
5
H.B. No. 2833
1 (c) An individual who fails to provide proper notice in
2 accordance with Sections 233.154(b) and (c) is not subject to a
3 penalty under this subsection if:
4 (1) the new residential construction is built by the
5 individual or the individual acts as the individual's own
6 contractor; and
7 (2) the individual intends to use the residence as the
8 individual's primary residence.
9 SECTION 2. This Act takes effect immediately if it receives
10 a vote of two-thirds of all the members elected to each house, as
11 provided by Section 39, Article III, Texas Constitution. If this
12 Act does not receive the vote necessary for immediate effect, this
13 Act takes effect September 1, 2009.
6
H.B. No. 2833
President of the Senate Speaker of the House
I certify that H.B. No. 2833 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2833 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2833 on May 31, 2009, by the following vote: Yeas 72,
Nays 71, 1 present, not voting.
Chief Clerk of the House
7
H.B. No. 2833
I certify that H.B. No. 2833 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 29, Nays
l; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2833 on May 31, 2009, by the following vote: Yeas 28, Nays 2.
Secretary of the Senate
APPROVED:
Date
Governor
8
HB 2833 passed by the 81St Texas Legislature allows counties to require
building code standards in the unincorporated portions of the county by
enacting Subchapter F to Chapter 233 of the Texas Local Government Code.
A county may adopt a resolution or order requiring all new residential construction
and certain home additions to be built to either:
• the version of the International Residential Code (IRC) published as of
May 1, 2008; or
• the version of the IRC that is applicable in the county seat of that county.
Upon adoption of this requirement, a minimum of three inspections must be
performed, as applicable, to ensure building code compliance for:
single-family house or duplex construction on a vacant lot; and
construction of an addition to an existing single-family house or duplex if
the addition will increase the square footage or value of the existing
residential building by more than 50 percent.
The three required inspections during the construction project, as applicable, must
be performed at the following stages:
• the foundation stage, before the placement of concrete;
• the framing and mechanical systems stage, before covering with drywall
or other interior wall covering; and
• completion of construction of the residence.
For remodeling construction to an existing residence in which the structure's square
footage or value will increase by more than fifty percent, the inspection
requirements apply and must be performed as necessary based on the scope of work
of the construction project.
The builder is responsible for contracting to perform the required inspections with:
• a licensed engineer;
• a registered architect;
• a professional inspector licensed by the Texas Real Estate Commission;
• a plumbing inspector employed by a municipality and licensed by the
Texas State Board of Plumbing Examiners;
• a building inspector employed by a political subdivision; or
• an individual certified as a residential combination inspector by the
International Code Council.
A builder may use the same inspector for all the required inspections or a different
inspector for each required inspection.
Upon the adoption of a resolution or order by the county to have Subchapter F,
Chapter 233, Texas Local Government Code apply in the county, that county may
require a builder to provide notice of a construction project prior to beginning the
project on a form prescribed by the county. The notice must include:
• the location of the new residential construction;
• the approximate date by which the new residential construction will be
commenced; and
• the version of the IRC that will be used by the builder to construct the new
residential construction.
Upon the adoption of a resolution or order by the county to have Subchapter F,
Chapter 233, Texas Local Government Code apply in the county, that county may
require a builder to provide notice of building inspections. The builder shall submit
the required notice on a form required by the county not later than the 10th day
after the date of the final inspection stating whether or not the project is in
compliance with the building code. The form must be submitted to:
• the county employee, department, or agency designated by the
conunissioners court of the county to receive the information; and
• the person for whom the new residential construction is being built, if
different from the builder.
If a builder is in violation of the notice provisions, the county may take any or all of
the following actions:
• refer the inspector to the appropriate regulatory authority for discipline;
• in a suit brought by the appropriate attorney representing the county in the
district court, obtain appropriate injunctive relief to prevent a violation or
threatened violation of a standard or notice required under this subchapter
from continuing or occurring; or
• refer the builder for prosecution under a Class C misdemeanor.
Implementing the provisions of Subchapter F, Chapter 233, Texas Local
Government Code to the county, with the permissible notice requirements, will
allow a county to more easily track increases in the property tax base.
An individual is exempted from the Class C misdemeanor referral for failure to
provide notice if:
• the new residential construction is built by the individual or the individual
acts as the individual's own contractor; and
• the individual intends to use the residence as the individual's primary
residence.
HB 2833 specifically states that Subchapter F, Chapter 233, Texas Local
Government Code cannot be construed to:
• require prior approval by the county before the beginning of new
residential construction;
• authorize the commissioners court of a county to adopt or enforce zoning
regulations; or
• affect the application of the provisions of Subchapter B, Chapter 232,
Texas Local Government Code to land development.
HB 2833 further prohibits a county from charging a fee to a person to defray the
costs of enforcing these standards.
Order#
RESOUTION TO MAKE SUBCHAPTER F, CHAPTER 233, TEXAL LOCAL
GOVERNEMNT CODE, APPLICABLE TO KERR COUNTY
«'hereas, the Texas Legislature passed HB 2833 during the 81" Regular Session to provide for
the health, safety and general welfare of all Texans through home constriction standards in the
unincorporated areas of counties; and
~'hereas, the citizens of Kerr County desire the construction of quality housing and wholesome
living environments for its citizens living in unincorporated areas; and
Whereas, home builders and home remodelers understand that the purpose of building codes is to
provide minimum requirements to safeguard the public safety, health and general welfare through
affordability, structural strength, means of egress facilities, stability, sanitation, light and
ventilation, energy conseiti~ation and safety to life and property from fire and other hazards
attributed to the built environment;
\ow therefore be it resolved, that in accordance with Section 233.153, Texas Local Government
Code, the construction of a ne«• single-family house or duplex on a vacant lot, construction
begins on or after September 1, 2009, in the unincorporated areas of Kerr County shall
substantially conform to either the version of the International Residential Code published as of
May 1, 2008 or the version of the International Residential Code that is applicable in the county
seat of said county;
Furthermore be it resolved, that in accordance with Section 233.153, Texas Local Government
~r Code, any constriction of an addition to an existing single-family house or duplex, if the addition
«rill increase the square footage or value of the existing residential building by more than 50
percent, in the unincorporated areas of Kerr County shall substantially conform to either the
version of the International Residential Code published as of May 1, 2008 or the version of the
International Residential Code adopted by the county seat of such county;
Furthermore be it resolved, that in accordance with Section 233.15{a), Texas Local
Government Code, a minimum of three inspections must be performed, as applicable, to ensure
substantial building code compliance in the construction of a new single-family house or duplex
or the construction of an addition to an existing single-family house or duplex in the
unincorporated areas of Kerr County. The three required inspections during the constiliction
project, as applicable, must be performed at (1) the foundation stage, before the placement of
concrete; {2) the framing and mechanical systems stage, before covering ~yith dry~~all or other
interior wall covering; and {3) completion of construction of the residence. For remodeling
construction to an existing residence in which the structure's square footage or value will increase
by more than fifty percent, the inspection requirements apply and must be performed as necessary
based on the scope of work of the construction project. The builder is responsible for contracting
to perform the required inspections with (1) a licensed engineer; (2) a registered architect; (3) a
professional inspector licensed by the Texas Real Estate Commission; {4) a plumbing inspector
employed by a municipality and licensed by the Texas State Board of Plumbing Examiners: {5) a
building inspector employed by a political subdivision; or {6) an individual certified as a
residential combination inspector by the International Code Council. A builder may use the same
inspector for all the required inspections or a different inspector for each required inspection;
Furthermore be it resolved, that in accordance with Section 233.154(b), Texas Local
Government Code, a builder performing construction of a new single-family house or duplex or
the construction of an addition to an existing single-family house or duplex in the unincorporated
areas of Kerr County shall provide notice to [designate county employee, department, or agency)
prior to beginning the construction project on a form prescribed by the county. The notice must
include (1) the location of the new residential construction; (2) the approximate date by which the
new residential construction will be commenced; and (3) the version of the International
Residential Code that will be used by the builder to construct the new residential construction.
Furthermore be it resolved, that in accordance with Section 233.154(c), Texas Local
Government Code, not later than the 10th day after the date of a final inspection required by this
Order, a builder performing construction of a new single-family house or duplex or the
construction of an addition to an existing single-family house or duplex in the unincorporated
areas of Kerr County shall submit notice to said county stating whether or not the inspection
showed compliance with the building code standards applicable to that phase of construction on a
form prescribed by the county to (1) [designate same county employee, department, or agency
as above); and (2) the person for whom the new residential construction is being built, if
different from the builder.
Adopted this _ day of , 2009.
Order #
RESOUTION TO MAKE SUBCHAPTER F, CHAPTER 233, TEXAL LOCAL
GOVERNEMNT CODE, APPLICABLE TO KERB COUNTY
Whereas, the Texas Legislature passed HB 2833 during the 81st Regular Session to
provide for the health, safety and general welfare of all Texans through home
construction standards in the unincorporated areas of counties; and
Whereas, the citizens of Kerr County desire the construction of quality housing and
wholesome living environments for its citizens living in unincorporated areas; and
Whereas, home builders and home remodelers understand that the purpose of building
codes is to provide minimum requirements to safeguard the public safety, health and
general welfare through affordability, structural strength, means of egress facilities,
stability, sanitation, light and ventilation, energy conservation and safety to life and
property from fire and other hazards attributed to the built environment;
Now therefore be it resolved, that in accordance with Section 233.153, Texas Local
Govei7lment Code, the constriction of a new single-family house or duplex on a vacant
lot, where constriction begins on or after September 1, 2009, in the unincorporated areas
of Kerr County shall substantially conform to either the version of the International
Residential Code published as of May 1, 2008 or the version of the International
Residential Code that is applicable in the county seat of said county;
Furthermore be it resolved, that in accordance with Section 233.153, Texas Local
Government Code, any construction of an additian to an existing single-family house or
duplex, if the addition will increase the square footage or value of the existing residential
building by more than 50 percent, in the unincorporated areas of Kerr County shall
substantially conform to either the version of the International Residential Code
published as of May 1, 2008 or the version of the International Residential Code adopted
by the county seat of such county;
Furthermore be it resolved, that in accordance with Section 233.154(a), Texas Local
Government Code, a minimum of three inspections shall be performed, as applicable, to
ensure substantial building code compliance in the construction of a new single-family
house or duplex or the construction of an addition to an existing single-family house or
duplex in the unincorporated areas of Kerr County. The three required inspections
during the construction project, as applicable, must be performed at (1) the foundation
stage, before the placement of concrete; (2) the framing and mechanical systems stage,
before covering with drywall or other interior wall covering; and (3) completion of
construction of the residence. For remodeling construction to an existing residence in
which the structure's square footage or value will increase by more than fifty percent, the
inspection requirements shall be performed as necessary based on the scope of work of
the construction project. The builder is responsible for contracting to perform the
required inspections with (1) a licensed engineer; (2) a registered architect; (3) a
professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing
inspector employed by a municipality and licensed by the Texas State Board of Plumbing
Examiners; (5) a building inspector employed by a political subdivision; or (6) an
individual certified as a residential combination inspector by the International Code
Council. A builder may use the same inspector for all the required inspections or a
different inspector for each required inspection.
Adopted this _ day of , 2009.